Mitthu Kawasi vs State Of Chhattisgarh
2022 Latest Caselaw 3978 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                       CRA No. 639 of 2014
                             Mitthu Kawasi Versus State of Chhattisgarh
    Division Bench:

    Hon'ble Shri Justice Sanjay K. Agrawal &
    Hon'ble Shri Justice Sachin Singh Rajput




23/06/2022

Mr. Hanuman Prasad Agrawal, Advocate for the appellant.

Mr. Sameer Urnao, Government Advocate for the State.

Heard on IA No.01 of 2022, which is an application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellant.

By impugned judgment of conviction and order of sentence dated 03.06.2014, the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of fine, additional rigorous imprisonment of 02 years.

Learned counsel for the appellant submits that the appellant is in jail since 08.08.2013. He has not committed any offence and has been falsely implicated. The learned trial Court without appreciating the oral and documentary evidence available on record convicted the appellant for the aforementioned offence by recording perverse findings, which is contrary to law, thus, appellant be enlarge on bail by suspending his jail sentence.

Per-contra, learned State counsel opposed the application and submits that the appellant has caused murder of deceased- Dashman Kawasi by assaulting him by means of Iron Axe. By taking this Court to the statement of eye witness, namely, Lakhmi Kawasi (PW-02), duly proved by the statement of Dassu (PW-03) and other evidence available on record i.e. memorandum statement of the appellant-accused (Ex.P-02), property seizure memo (Ex.P-03), which is duly proved by PW-04 & PW-05, he submits that there is sufficient material available on record to connect the appellants-accused persons with the offence and the learned trial Court has rightly convicted the appellants for the offences aforementioned and, therefore, the present application deserves to be rejected.

After hearing the learned counsels for the parties and taking into consideration the material available on record particularly the statement of eye witness, namely, Lakhmi Kawasi (PW-02), duly proved by the statement of Dassu (PW-03) and other evidence available on record i.e. memorandum statement of the appellant-accused (Ex.P-02), property seizure memo (Ex.P-03), which is duly proved by Tulsiram (PW-04) and Nandkumar Kashyap (PW-05), we do not see any good reason to entertain this application for suspension of sentence and grant of bail and same deserves to be rejected.

Accordingly, IA No.01 of 2022 is rejected.

However, considering the fact that the appellant is in jail since 2013, we deem it appropriate to hear this matter finally.

Therefore, list this matter for final hearing expeditiously.

                           Sd/-                                         Sd/-
                    (Sanjay K. Agrawal)                        (Sachin Singh Rajput)
                         Judge                                         Judge




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